Interim Applications

Question 1

Notice time limit of interim application to D

Answer 1

3 clear days

*NB for freezing orders/search orders - notice unnecessary because otherwise party may hide the/dispose of object/asset.

Question 2

Who hears an interim application?

Answer 2

Issued in the High Court RCJ - a Master

Issued anywhere else - District Judge

Question 3

Procedure following W/O notice interim injunction

Answer 3

If order is made, then must be served on D with application + evidence.

D has 7 days to make application to set order aside

Question 4

Wasted costs order

Answer 4

When Sol (not client) made to pay costs for wasting court time

Question 5

Default judgment v summary judgment

Answer 5

Default: Judgement entered bc party failed to follow process

Summary: where party shows there is no real prospect of success + no other compelling reason why claim should proceed.

Question 6

Strike out

Answer 6

(1) An application for an order under rule 3.4(2)(a) - where a statement of case discloses no reasonable grounds for bringing or defending a claim; OR

(2) An application under rule 3.4(2)(b) - where a statement of case is an abuse of the court’s process or otherwise likely to obstruct the just disposal of the proceedings.

(3) An application under rule 3.4(2)(c) where there has been a failure to comply with a rule/practice direction/order

Question 7

Summary judgment

Answer 7

(1) No real prospect of success
(2) No other compelling reason to be disposed of at trial.

Question 8

Time limit for application for summary judgment

Answer 8

WHEN? Cannot make application w/o D receiving of PoC and sending AoS.

Evidence in support of app served w/in 14 days of hearing

Evidence in reply w/in 7 days of hearing

Any further reply w/in 3 days of hearing

Question 9

Interim Payment Order

(Court’s considerations)

Answer 9

1. D admitted liabilty
2. C obtained judgment; assessment damages outstanding
3. Ct satisfied IF to trial, C would obtain substantial sum; OR
4. 2+ Ds and Ct satisfied C would obtain substantial sum from at least 1 D + Each D insured.

*NB - Not necessary to establish NEED for payment.

Question 10

Timing for Interim Payment

Answer 10

1. After D served Aos
2. C should first try to agree with D before making application to Ct

Question 11

Undertakings re Interim Injunctions

Answer 11

1. C may be required to make undertaking to D re losses IF Ct finds at trial against injunction
2. D may undertake to do as C asks in application. C then undertakes to safeguard D if C loses at trial

Question 12

What are the SIX conditions for freezing order?

Who can make a freezing order?

Answer 12

1. The applicant my have a cause of action, that is, an underlying legal or equitable right.
2. The English court must have jurisdiction.
3. The applicant must have a good arguable case.
4. The existence of assets.
5. There is a risk of dissipation.
6. The applicant must provide an undertaking in damages.

Question 13

Conditions for search order

Answer 13

1. the party applying for the order has an extremely strong case on the merits;
2. the damage caused, or likely to be caused, if a search order is not made is very serious for the party applying for the order;
3. the other party has incriminating documents or goods in its possession and there is a real possibility that that party will destroy or corrupt the documents or goods if given notice of the application; and
4. the harm likely to be caused by the execution of the search order to the respondent and his business affairs must not be excessive or out of proportion to the legitimate object of the search order.